PUBLIC INTEREST LAWYERING,LEGAL AID & PARA-LEGAL SERVICES

UNIT-5 SHORT NOTES

➢ Public interest lawyering uses the law as a tool for social

justice, particularly for the poor, voiceless, and
disadvantaged.
➢ PIL allows any public-spirited person to file a petition for the
protection of collective or group rights.
➢ PILs are filed in the Supreme Court (Art. 32) or High Court
(Art. 226)
PUBLIC INTEREST LAWYERING
PUBLIC INTEREST LITIGATION IN INDIA
Public Interest Litigation (PIL) refers to litigation undertaken not for
private gain but for the enforcement of rights affecting the public at
large or disadvantaged groups. It is an important innovation in
Indian legal history that has made justice more accessible to the
poor, voiceless, and marginalized.

II. ORIGIN AND CONCEPT OF PIL

The concept of PIL evolved in India in the late 1970s and early
1980s, pioneered by Justices V.R. Krishna Iyer and P.N. Bhagwati.
Before that, only aggrieved persons (locus standi) could approach
the court.
PIL allowed the relaxation of traditional rules of standing. Now, any
public-spirited person can approach the court to protect
constitutional or legal rights of others, especially when the affected
party is unable to approach the court themselves due to poverty,
disability, or ignorance.
III. CONSTITUTIONAL BASIS OF PIL
PIL is not explicitly mentioned in the Constitution, but it is derived
from several fund amental rights and directive principles,
including:
• Article 14 – Equality before the law
• Article 21 – Right to life and personal liberty
• Article 32 – Right to constitutional remedies
• Article 39A – Directive to ensure legal aid and justice for all
• Article 226 – Writ jurisdiction of High Courts
These provisions empower the Supreme Court and High Courts to
entertain PILs to secure social, economic, and environmental
justice.

IV. FEATURES OF PIL

• PIL can be filed by any public-spirited individual or
organization.
• It can be based on a letter, newspaper article, or even oral
communication (especially in earlier years).
• The court may take suo motu cognizance of serious issues.
• It is a non-adversarial form of litigation, focusing on
protection of fundamental rights, policy gaps, or state failure.
• The proceedings are generally in the form of writ petitions
under Article 32 or Article 226.
V. OBJECTIVES OF PUBLIC INTEREST LITIGATION
• To provide access to justice to the poor and disadvantaged
• To bring social and policy issues to the attention of the
judiciary
• To ensure transparency, accountability, and good governance
• To protect environmental and ecological interests
• To enforce fundamental rights of groups unable to approach
the court
• To correct administrative inaction, misuse of power, or
corruption

VI. AREAS COVERED BY PIL

PILs have played a vital role in a wide range of public issues,
including:
• Rights of bonded labourers, pavement dwellers, prisoners,
slum dwellers
• Pollution control, environmental protection
• Food security, health, and education
• Child labour, women's safety, custodial violence
• Access to clean water, mid-day meals, shelter

VII. LANDMARK PIL CASES

1. Hussainara Khatoon v. State of Bihar (1979) – Led to the
release of undertrial prisoners and emphasized the right to
speedy trial.
 2. M.C. Mehta v. Union of India (1986 onwards) – Series of PILs
on environmental protection, including the Ganga pollution
case and vehicular emissions in Delhi.
3. Vishaka v. State of Rajasthan (1997) – Framed guidelines for
sexual harassment at the workplace.
4. People’s Union for Democratic Rights v. Union of India (1982)
– Focused on labour rights and minimum wage violations.
5. Olga Tellis v. Bombay Municipal Corporation (1985) –
Recognized the right to livelihood as part of the right to life.

VIII. ROLE OF PUBLIC INTEREST LAWYERS

• Filing PILs on behalf of marginalized individuals/groups
• Bringing systemic issues before the judiciary
• Gathering facts, reports, affidavits, and social research
• Working with NGOs, activists, and affected communities
• Ensuring enforcement of judicial directions through follow-up
PIL-CONSUMER & ENVIRONMENTAL PROTECTION.
SCOPE OF PUBLIC INTEREST LAWYERING
Public Interest Litigation (PIL) in India has emerged as a powerful tool
to promote public welfare, especially in areas where the interests of
large groups of people are at stake but individual access to justice is
limited. Among the many areas impacted by PILs, consumer
protection and environmental conservation have witnessed some of
the most significant developments.
At the heart of these movements is Public Interest Lawyering, which
is not just litigation but a form of legal activism where law is used to
bring about social change and protect collective rights. Lawyers,
activists, NGOs, and social workers all contribute to this framework
to hold both state and corporate power accountable.

II. PIL and Consumer Protection

1. Nature and Rationale
Consumer protection PILs are aimed at ensuring safety,
transparency, fairness, and accountability in the marketplace. In
India, where many consumers are unaware, uneducated, or
economically vulnerable, the judiciary has played a significant role
in expanding consumer rights through PILs.
PILs related to consumer rights often challenge:
• Adulteration in food and medicines
• False or misleading advertisements
• Substandard public services like electricity, healthcare,
telecom, or transport
• Exorbitant fees in private educational or medical institutions
These are not isolated disputes but affect the general public, thus
qualifying for PIL intervention.
2. Legal Support
While the Consumer Protection Act, 2019 provides for individual
complaints and remedies before consumer forums, PIL enables
collective redress in cases where:
• A large number of people are affected
• There is policy failure or government inaction
• The remedy requires judicial direction at a systemic level
3. Judicial Contribution
Several important PILs have addressed consumer concerns:
• In Common Cause v. Union of India, the Supreme Court dealt
with the issue of substandard medicines in government
hospitals, leading to reforms in drug regulation.
• PILs have also been filed against colleges and hospitals
charging unreasonable fees, private telecom companies
misusing consumer data, and misleading commercials
targeting children and rural consumers.
Through such PILs, the judiciary has emphasized consumer dignity,
safety, and right to informed choice.

III. PIL and Environmental Protection

1. Background and Importance
The right to a clean and safe environment is an essential component
of the Right to Life under Article 21 of the Constitution. However, in
India, environmental degradation caused by pollution, deforestation,
industrialization, and poor waste management has made PIL an
essential mechanism for environmental protection.
Environmental PILs are often filed by:
• Environmentalists and NGOs
• Public-spirited individuals
• Lawyers and students
• Affected communities
These PILs seek to prevent or reverse damage to natural resources,
ecosystems, and public health.
2. Legal Framework
Environmental PILs rely on a combination of:
• Fundamental Rights (Article 21)
• Directive Principles (Articles 48A and 51A(g))
• Environmental statutes like:
o The Environment (Protection) Act, 1986
o The Water Act, 1974
o The Air Act, 1981
o The Forest Conservation Act, 1980
The judiciary has interpreted these provisions in an eco-centric
manner, asserting that the environment is a public trust.
3. LANDMARK ENVIRONMENTAL PILS
The role of PIL in shaping Indian environmental jurisprudence is
immense. Key examples include:
• M.C. Mehta v. Union of India: This series of PILs led to judicial
intervention in matters like Ganga river pollution, vehicular
pollution in Delhi, closure of hazardous industries, and
conversion to CNG fuel.
• Vellore Citizens’ Welfare Forum v. Union of India: The Supreme
Court recognized the Precautionary Principle and the Polluter
Pays Principle, laying the foundation for sustainable
environmental law in India.
• T.N. Godavarman v. Union of India: A PIL that helped in forest
conservation, especially illegal deforestation and misuse of
forest land.
These judgments have led to the formation of the National Green
Tribunal (NGT) and directed major changes in environmental
governance.

IV. SCOPE OF PUBLIC INTEREST LAWYERING

Public Interest Lawyering is broader than PIL—it includes advocacy,
research, legal aid, awareness, training, and community
mobilisation. The scope includes:
1. Access to Justice for the Marginalized
Lawyers take up the cause of communities who lack the
resources or ability to fight for their rights in courts.
2. Legal Empowerment
Public interest lawyers often conduct legal literacy camps,
prepare legal handbooks, and train PLVs, helping people
understand their rights.
3. Policy and Legislative Advocacy
Many lawyers and NGOs contribute to drafting better laws or
challenging unconstitutional laws through litigation and
lobbying.
4. Monitoring and Implementation
After a PIL judgment, public interest lawyers help in ensuring
enforcement through compliance monitoring, follow-up
petitions, and media engagement.
5. Strategic Litigation
PIL is used not only to win individual cases but to set judicial
precedents, influence policy, or bring neglected issues into
national focus.
 6. Working with Civil Society
Public interest lawyering often works hand-in-hand with
NGOs, activists, journalists, and law students to create a
broader impact.

PIL AND PUBLIC INVOLVEMENT

Public Interest Litigation (PIL) is not just a legal mechanism—it is a
people-centric movement that empowers individuals and civil
society to participate in governance and justice delivery. It enables
public involvement in judicial processes, especially when the rights
of large sections of society are affected or when the state fails in its
constitutional obligations.
PIL has been a key feature of Indian democracy, expanding the role
of the courts and giving the public a meaningful role in social and
legal reform.

II. Meaning of Public Involvement in PIL

Public involvement in PIL means that citizens, NGOs, activists,
journalists, students, or any public-spirited person can:
• Raise issues of public concern in courts.
• Challenge executive inaction, misgovernance, or exploitation.
• Represent voiceless communities who are unable to access
justice.
This involvement is based on the idea that justice should not be
limited to those who can afford litigation or who are aware of their
rights. The public becomes a guardian of the Constitution and
collective conscience.
III. Mechanisms for Public Involvement
1. Relaxation of Locus Standi
Traditionally, only an aggrieved person could file a case. But in PIL,
any person acting in the public interest can file a writ petition in the
Supreme Court under Article 32 or in the High Court under Article
226.
2. Filing PILs for Social Issues
Citizens have filed PILs on behalf of:
• Bonded labourers, slum dwellers, prisoners
• Victims of environmental pollution
• Women and children facing violence or exploitation
• Victims of state neglect in healthcare, education, shelter
3. Use of Media and Letters
In many cases, PILs were initiated through letters to judges, media
reports, or photographs, which the courts treated as writ petitions.
Example: S.P. Gupta v. Union of India and People’s Union for
Democratic Rights v. Union of India
4. NGO and Civil Society Participation
NGOs actively take up causes of marginalized groups, conduct
research, gather data, and mobilize public opinion. They act as legal
intermediaries between the court and the community.

IV. Role of Public in Sustaining PILs

Public involvement is not limited to filing PILs—it also includes:
 • Monitoring implementation of court orders
• Raising awareness of the judgment among affected
communities
• Supporting compliance through protests, media, or public
discourse
• Filing follow-up petitions or contempt petitions if orders are
not implemented

V. Benefits of Public Involvement in PIL

1. Democratizes access to justice
Ensures that law serves not just individuals but society as a
whole.
2. Gives voice to the voiceless
Marginalized and underprivileged sections benefit from
public-initiated actions.
3. Strengthens accountability
Government agencies and corporations are held accountable
for rights violations.
4. Promotes civic responsibility
Citizens become active participants in nation-building and
constitutional governance.
5. Brings neglected issues into the spotlight
Issues like custodial violence, climate change, and caste
discrimination receive judicial attention.

VI. Challenges and Concerns

 1. Misuse of PILs
Some individuals file frivolous or politically motivated PILs for
publicity or personal vendetta.
2. Judicial Overreach
Courts sometimes enter into policy domains, inviting
criticism.
3. Lack of legal understanding
Not all PILs are based on sound legal reasoning, which may
waste judicial time.
4. Weak follow-up
Once judgment is passed, lack of grassroots support can
make implementation difficult.
Law Student and PIL: Incentives & Scope of Involvement
Public Interest Litigation (PIL) is not only a legal tool for addressing
the grievances of the poor and marginalized but also a means of
involving students, especially law students, in the pursuit of justice.
Law students, being trained in legal thinking, have the potential to
contribute meaningfully to the public interest litigation process.
Their involvement is not merely academic—it prepares them to
become socially responsible lawyers, well aware of the practical use
of law for social transformation.
The participation of law students in PILs represents a shift from
viewing law as a career to seeing it as a means of service and
empowerment. It helps bridge the gap between legal education and
social reality.

II. INCENTIVES FOR LAW STUDENT INVOLVEMENT IN PIL

1. Academic Learning in a Real-World Context
Law students often study constitutional provisions, human rights,
and social justice in theory. Working on PILs enables them to see the
law in action. It provides a hands-on experience where legal
doctrines are applied to real issues like environmental pollution,
prisoners’ rights, child labour, public health, etc. This enhances their
academic understanding with practical exposure.
2. Development of Legal Skills
Participating in PILs helps students develop core legal skills such as
legal research, drafting, public speaking, critical thinking, and legal
writing. They also learn how to frame legal arguments, prepare
petitions, and interpret statutes and judgments. Such experience
builds a strong foundation for their future as litigators, researchers,
or policy advocates.
3. Contribution to Social Justice
PILs often address issues affecting the voiceless and underprivileged.
When students contribute to such causes, they become active
participants in the legal empowerment of the poor. It instills in
them a sense of ethical responsibility, compassion, and
commitment to the ideals of justice and equality.
4. Professional Networking and Mentorship
Students involved in PIL work often collaborate with lawyers,
professors, NGOs, human rights activists, and retired judges. This
broadens their professional network and helps them find mentors
in the field of public interest lawyering.
5. Career Advancement and Recognition
Experience in PIL can enhance a student's profile, particularly for:
• Legal aid and human rights careers
 • Public policy and government legal services
• Higher education abroad in fields like International Law or
Human Rights
• Fellowships and internships with national and international
organizations

III. SCOPE OF LAW STUDENT INVOLVEMENT IN PIL

1. Research and Drafting
Law students are trained in legal research and can assist in
identifying relevant laws, precedents, and policies related to the
public issue at hand. They can also help in drafting the PIL petition,
compiling evidence, and framing legal questions for judicial
consideration.
2. Field Surveys and Fact-Finding
Many PILs are based on ground-level facts, such as poor conditions
in slums, custodial abuse, environmental damage, or violations of
labour laws. Law students can visit affected areas, interview victims,
and prepare fact-finding reports that support the petition. This real-
life data is often crucial in PIL cases.
3. Assisting Legal Aid Clinics and NGOs
Most law colleges have legal aid clinics, and many NGOs actively
work on PILs. Students can intern or volunteer with such institutions,
helping with:
• Community outreach
• Client interviews
• Awareness programs
 • Follow-up of court orders
Their contribution helps in building the case and ensuring post-
judgment compliance.
4. Filing PILs Themselves
In some cases, law students—either independently or as part of a
clinic—may identify pressing social issues and file a PIL in public
interest. Courts in India have welcomed PILs from students,
provided they are well-researched, genuine, and in good faith.
Examples include PILs on:
• Environmental pollution near campuses
• Rights of children in schools
• Access to clean water or electricity in rural areas
5. Legal Awareness and Campaigns
PILs are often supported by public campaigns. Students can organize
legal literacy drives, poster exhibitions, street plays, or write blogs
and articles to raise awareness about the issue.

IV. Institutional Support and Encouragement

• The Bar Council of India encourages Clinical Legal Education,
including PIL-related work.
• NALSA and State Legal Services Authorities often collaborate
with law colleges for legal aid and PIL-based awareness.
• Law teachers and professors often guide students in
researching, drafting, and filing PILs.
• Some universities allow PIL work to be counted as internship
or academic credit under clinical legal education.

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